People's Republic Of China Certification And Accreditation Regulations

Original Language Title: 中华人民共和国认证认可条例

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  Chapter I General provisions article in order to regulate the certification and accreditation activities, improve the quality of products, services and management, promote economic and social development, this Ordinance is enacted.
Certification referred to in article II of this Ordinance, means certified by certification body products, services, management systems in conformity with the relevant technical specifications, related technical specifications mandatory requirements or standards of conformity assessment activities.
Approval mentioned in these regulations refers to by the authorized institution of certification bodies, inspection bodies, laboratories and personnel involved in the certification activities such as evaluation, audit capabilities and qualifications, recognition of conformity assessment activities.
Article in the People's Republic of China certification and accreditation activities within the territory shall be subject to the regulations.
Fourth national implementation of an integrated management system certification and accreditation.
State certification and implementation of certification and accreditation administration departments of the State Council unified management, supervision and integrated, coordinated by the work of the joint implementation mechanism.
Fifth certification and accreditation administration departments of the State Council shall be in accordance with the certification institutions, certification activities strengthen the supervision and management of advisory bodies.
Sixth certification and accreditation activities shall conform to objective and independent, the principle of openness and fairness, honesty and credibility. Seventh State encourages to equality and mutual recognition of certification and accreditation of international activities.
International mutual recognition of certification and accreditation activities shall not harm State security and social and public interests.
Eighth institutions and personnel engaged in certification and accreditation activities, on the knowledge of State secrets and commercial secrets confidential.
Chapter Nineth established certification bodies the certification body shall be approved by the certification and accreditation administration departments of the State Council, and after obtaining a legal personality under the law, may engage in certification activities within the approved range.
Without permission, no unit or individual is allowed to engage in certification activities.
Article tenth certification body, shall comply with the following conditions: (a) have a fixed place and the necessary facilities, (b) meet the requirements of certification and accreditation management systems; (c) the registered capital shall not be less than RMB 3 million and (d) more than 10 full-time certified personnel in the field.
Certification bodies engaged in product certification activities, should also be commensurate with the activities related to product certification testing, inspection and other technical skills.
11th, setting up a certification body for foreign investment should be subject to this Ordinance, article tenth of the conditions, shall meet the following conditions: (a) foreign investors obtained accreditation body recognized by its country or region, (ii) foreign investors engaged in certification activities with at least 3 years of business experience.
The establishment of foreign investment application, approval and registration of the certification body, in accordance with the relevant foreign investment laws, administrative regulations and the relevant provisions of the State. Article 12th application and approval process for certification bodies: (a) establishment of a certification body of the applicant shall submit a written application to the certification and accreditation Administration Department under the State Council, and submitted in accordance with the conditions specified in section tenth documents; (b) since accepted certification bodies the certification and accreditation Administration Department under the State Council an application within 90 days from the date, it shall make a decision on whether to approve it. Involving relevant departments of the State Council, shall solicit the views of the relevant departments under the State Council.    
Approved by decision, approval documents issued to the applicant, decided not to approve, and shall notify the applicant in writing and state the reasons and (iii) the applicant the approval documents issued by the certification and accreditation Administration Department under the State Council, registered according to law.
Certification and accreditation administration departments of the State Council shall publish lists of certification bodies established by law.
13th overseas certification bodies in People's Republic of China to establish a representative office in the territory, subject to approval and register with the industrial and commercial administrative departments in accordance with procedures before they can work on the subordinate bodies of the scope of business-related promotional activities, but shall not engage in certification activities.
Overseas certification bodies in the People's Republic of China China to set up representative offices application, approval and registration, in accordance with the relevant foreign investment laws, administrative regulations and the relevant provisions of the State.
14th certification bodies may not be of interest relationship with the Executive.
Accreditation body shall not accept anything that could affect the objectivity and fairness of subsidies for certification and shall not engage in any of the certification activities affect the objectivity and fairness of the product development, marketing and other activities.
Certification bodies shall not authentication client assets and management interests.
15th certification personnel engaged in certification activities shall practise in a certification body shall simultaneously practising in two or more certification bodies.
16th issue has proven to the community data and results of the inspection bodies, laboratories shall meet the provisions of relevant laws and administrative regulations of the basic conditions and capacities, and recognized under the law, may engage in appropriate activities, results published by the certification and accreditation administration departments of the State Council.
17th chapter certification pursuant to economic and social development of the country's needs, promote products, services, management systems certification. 18th certification body shall, in accordance with certification standards, rules of conduct certification activities.
Certification standards, the rules formulated by the certification and accreditation administration departments of the State Council involving relevant departments of the State Council, certification and accreditation administration departments of the State Council shall, jointly with relevant departments of the State Council.
Belongs to the certification of the new areas, departments have not yet developed the rules provided for in the preceding paragraph, certification bodies can develop their own certification rules and certification and accreditation administration departments of the State Council for the record.
Article 19th all legal persons, organizations and individuals may voluntarily entrust certification bodies established by law for products, services, management systems certification.
20th certification bodies are allowed to the client did not participate in the consultation or certification training for such reasons, refuse to provide the certification body within the business scope of certification services, nor presented to the client requirements or restrictions regardless of the certification activities.
21st certification bodies should be publicly verifiable standards, certification rules, fees and other information.
22nd certification bodies relating to the certification and inspection bodies, laboratories, certification and inspection, testing and certification-related activities, shall complete the certification standards, certification procedures laid down in rules to ensure certification, inspection and testing of complete, objective and realistic, not increasing, decreasing, missing the program.
Certification bodies relating to the certification and inspection bodies, laboratories should make a complete record of the process of certification, inspection, testing, archive retention. 23rd certification bodies and certified personnel shall make a timely certification conclusions and ensure certification objective, true conclusion.
After the certification conclusion signed by the certification officer, signed by the head of the certification body.
Certification bodies and certified staff responsible for the certification results.
24th certification conclusion for the products, services, management systems meet the certification requirements, certificates issued by the certification body shall promptly advise his client.
25th certification, should be used within the scope of certification certificate and the certification mark, shall not use products and services certification, certification marks and associated text, symbols, misleading the public that its management system has been certified, nor the use of management systems certification, certification marks and associated text, symbols, misleading the public that its products and services have passed certification.
26th certification body can formulate their own certification mark, and submitted to the certification and accreditation administration departments of the State Council for the record.
Certification body to enact the styles, text, and the names of the certification mark, shall not violate the provisions of laws and administrative regulations shall be subject to the country's certification marks are identical or similar, without prejudice to community management, shall not be detrimental to social morality.
27th certification bodies should be the certification of products, services, management systems implementation of effective tracking, certification of products, services, management systems and cannot continue to meet certification requirements, certification body shall suspend or even revoke the certificate, and is published.  
28th in order to protect national security, fraud prevention, protection of human health or safety, animal or plant life or health, protect the environment, the State provides related products must be certified shall be subject to certification and labeling certification mark, before delivery, sale, import or use in other business activities.
The 29th State to be certified products, unified product catalog, unify the compulsory requirements of the technical specifications, standards, and conformity assessment procedures, uniform logo, uniform charges.
Unified product catalog (hereinafter list) by the certification and accreditation administration departments of the State Council in conjunction with the departments concerned, adjust, issued by the certification and accreditation administration departments of the State Council, and in conjunction with the joint implementation.
30th be added to the catalogue of products, must be approved by the certification and accreditation administration departments of the State Council designated certification bodies for certification.
Included in the list of product certification mark, the certification and accreditation Administration Department under the State Council.
31st article included in the list of products involved list of import and export commodity inspection, inspection procedures should be simplified in the import and export commodity inspection. 32nd article specified by the certification and accreditation Administration Department under the State Council listed in the catalog of product certification activities of certification bodies relating to the certification and inspection bodies, laboratories (hereinafter referred to as designated certification bodies, inspection bodies, laboratories), should be engaged in related business, no bad record, and in accordance with the provisions of this Ordinance to obtain a recognized, have engaged in the relevant activities of certification bodies.
Designated in the certification and accreditation administration under certification activities included in the list of product certification bodies, should ensure that, in each catalog products specify at least two institutions that meet the conditions prescribed under this Ordinance.
State certification recognized supervision management sector specified Qian paragraph provides of certification institutions, and check institutions, and laboratory, should prior announced about information, and organization in related field recognized of experts composition experts Review Committee, on meet Qian paragraph provides requirements of certification institutions, and check institutions, and laboratory for review; by review and sought State about sector views Hou, according to resources reasonable using, and fair competition and convenience, and effective of principles, in announced of time within made decided.
33rd of the certification and accreditation administration departments of the State Council shall publish the specified certification bodies, inspection bodies, laboratories list and specify the scope of business.
Without specifying any agencies shall not be included in the list of products certification and inspection, testing and certification-related activities.
34th article included in the list of the producers, importers or sellers, are entrusting the designated certification bodies for certification.
35th designated certification bodies, inspection bodies, laboratories should be within the specified scope of business, in order to provide clients with convenient, certification, inspection, and testing services in a timely manner, without delay, shall not discriminate against or bedevil clients shall not make improper benefits.
Designated certification bodies shall not be transferred to other agencies to specify the certification business.
36th designated certification bodies, inspection bodies, laboratories international mutual recognition activities should be in the certification and accreditation administration of the State Council departments or with the authorization of the State Council departments concerned external international mutual recognition agreements signed within the framework of the.
Fourth chapter recognized the 37th authorized institution determined by the certification and accreditation Administration Department under the State Council (hereinafter AIS), accreditation activities independently. Among authorized institutions determined by the certification and accreditation Administration Department under the State Council, but any other units do not direct or disguised in accreditation activities.
Activities of other units directly or in disguise, in recognition, the recognition results.
Article 38th of certification bodies, inspection bodies, laboratories can be recognized by institutions, to ensure that their certification, inspection and detection ability to be sustained, stable and in line with approved criteria.
The 39th personnel engaged in certification activities such as evaluation, audit and shall be approved by the authorized institution after registration, may engage in the corresponding certification activities.  
40th authorized institution should have its scope of accreditation of the quality system, and the establishment of the internal audit system, to ensure the effective implementation of quality systems. 41st AIS according to recognized needs, employment personnel engaged in accreditation activities.
Personnel should be involved in accreditation activities are recognized experts in the field, familiar with relevant laws, administrative regulations and the recognized rules and procedures, has the qualities needed to review, professional knowledge and skills.
42nd AIS delegated and specifically related to the accreditation business, by authorised institutions to review conclusions responsible.
43rd AIS should be publicly recognized criteria, accreditation procedures, fees and other information.
Accreditation agencies to accept an application for recognition shall not be submitted to the applicant with the authorized activities of requirements or restrictions. 44th AIS should be in hours, in accordance with national standards and the regulations of the certification and accreditation Administration Department under the State Council, the completion of certification bodies, inspection bodies, laboratories accreditation, make a decision on whether to endorse, and comprehensive records in the accreditation process, archive retention.
Objective endorsed by the AIS should ensure impartiality and integrity, and on the agreed conclusions responsible.
AIS should be to obtain accreditation of certification bodies, inspection bodies and laboratories to issue certificates, and publish to obtain a recognized list of certification bodies, inspection bodies and laboratories.
Article 45th authorized institution shall, in accordance with national standards and the regulations of the certification and accreditation Administration Department under the State Council, persons involved in certification activities such as evaluation, audit assessment, examination and registration.
Article 46th certificate should include the scope of accreditation, areas of accreditation standards, accreditation and term of validity.
Certificate format and logo design to be approved by the certification and accreditation administration departments of the State Council. 47th to obtain a recognized institutions should obtain approval of use within the scope of certification and accreditation mark.
Make institutions recognized by the inappropriate use of certificate and the certification mark, AIS should suspend its use until the revocation of recognized certificates and be published. 48th authorized institutions should acquire recognized institutions and personnel effective follow up and obtain a recognized accreditation of institutions on a regular basis in order to verify that it continues to meet approval conditions.
Achieved accreditation of institutions and persons no longer meets the conditions for recognition, AIS should be revocation of recognized certificates and be published.
Access to accredited institutions in China and principal persons in charge, facilities, on its own, formulate rules relating to recognized conditions change, it shall promptly inform the authorized institution.
49th authorized institutions not to accept anything that could affect the objectivity and fairness of subsidies approved.
The 50th foreign certification bodies, inspection bodies, laboratories achieved overseas accreditation bodies accreditation, certification and accreditation administration departments under the State Council for the record. Fifth chapter, supervision and management of the 51st state peer review organization certification and accreditation Administration can take, to be certified for comments, and checks the results of certification and authentication, requirements relating to the certification and the certification inspection body methods, laboratory reports, business activities, to supervise compliance with this Ordinance.
Found to be in contravention of this Ordinance, shall be investigated in a timely manner, involving relevant departments under the State Council shall promptly inform the authorities. 52nd State certification and accreditation supervision and management departments should focus on the specified certification bodies, inspection bodies, laboratories for monitoring of its certification, inspection and examination of regular or irregular activity check.
Designation of certification bodies, inspection bodies, laboratories shall regularly report to the certification and accreditation administration departments of the State Council and responsible for the authenticity of the report; report should be included in the list of product certification, inspection and examination activities a description of the situation.
53rd authorized institutions should regularly report to the certification and accreditation administration departments of the State Council and responsible for the authenticity of the report; report on accreditation system should be implemented in respect of authorized institutions, accreditation activities in China, a description of the work.
Certification and accreditation administration departments of the State Council shall be in respect of authorized institutions to evaluate and take access to accreditation activities archives information, information to the persons concerned, such as, exercise supervision of authorized institutions.
54th certification and accreditation administration departments of the State Council according to the needs of the certification and accreditation administration, on matters relating to ask for accreditation bodies, certification bodies, inspection bodies and laboratories in charge of survey information, warning, the person concerned shall cooperate actively.  
55th of provinces, autonomous regions and municipalities of quality and technical supervision departments and quality supervision, inspection and quarantine Department under the State Council are located in the local entry-exit inspection and quarantine authorities, within the scope of authority of the certification and accreditation administration of the State Council, in accordance with the provisions of this Ordinance to supervise and administer the certification activities.
Authorized by the certification and accreditation administration departments of the State Council of provinces, autonomous regions and municipalities of quality and technical supervision Department and State administration of quality supervision, inspection and quarantine departments located in the local entry-exit inspection and quarantine institutions, collectively called local certification supervision and Management Department. The 56th article of any units and individuals for certification and accreditation violations, is entitled to the certification and accreditation administration of the State Council departments and local certification supervision and management departments.
Certification and accreditation administration of the State Council departments and local certification supervision and management departments should be promptly investigated and the informer confidential.
57th sixth chapter legal liability of unauthorized certification activities, shall be banned, fined not more than 100,000 yuan and 500,000 yuan, has illegally obtained, confiscation of illicit proceeds.
Foreign certification bodies without the approval of the 58th in the People's Republic of China China to set up representative offices, shall be banned, fines of between 50,000 yuan and 200,000 yuan.
Approved the establishment of representative offices of foreign certification bodies in the People's Republic of China territory of certification activities, correction of less than 100,000 yuan and 500,000 yuan fine, has illegally obtained, confiscation of illegal gains in serious cases, revocation of approval documents, and public.
59th article certification institutions accept may on certification activities of objective just produced effect of funding, or engaged in may on certification activities of objective just produced effect of products development, and marketing, activities, or and certification client exists assets, and management aspects of interests relationship of, ordered closed reorganization; plot serious of, revoked approved file, and to announced; has illegal proceeds of, confiscated illegal proceeds; constitute crime of, law held criminal. 60th article certification institutions has following case one of of, ordered corrected, at 50,000 yuan above 200,000 yuan following of fine, has illegal proceeds of, confiscated illegal proceeds; plot serious of, ordered closed reorganization, until revoked approved file, and to announced: (a) beyond approved range engaged in certification activities of; (ii) increased, and reduced, and missed certification basic specification, and certification rules provides of program of; (three) not on its certification of products, and service, and management system implementation effective of followed, or found its certification of products, and
Services cannot be sustained, and management system in accordance with certification requirement, does not suspend or revoke a certificate and be published; (d) employment of unauthorized registration of personnel certification activities.
Related to certification and inspection bodies, laboratories to increase, decrease, missing certification standards, certification of the rules of procedure, in accordance with the provisions of the preceding paragraph. 61st article certification institutions has following case one of of, ordered deadline corrected; late not corrected of, at 20,000 yuan above 100,000 yuan following of fine: (a) to client not participate in certification advisory or certification training, for reason, refused to provides this certification institutions business range within of certification service, or to client proposed and certification activities has nothing to do of requirements or limit conditions of; (ii) itself developed of certification logo of style, and text and name, and national implementation of certification logo same or approximate, or hamper social management
, Or of offences against public morality and (iii) not publicly certified basic norms, rules, fees and other information; (d) is not to make a complete record of the certification process, archive retention; (e) fails to issue a certificate to its certification clients.    
Related to certification and inspection bodies, laboratories are not relating to the inspection, testing and certification process for complete documentation archive retained, in accordance with the provisions of the preceding paragraph.
62nd certification bodies issue a false certification conclusion or certification issued by the conclusions serious misrepresentation of the revoked the permission file and made public; directly responsible for personnel and directly in charge of the certification officer, revoke the licensing constitutes a crime, criminal responsibility shall be investigated according to law; for damage caused, the accreditation body shall bear corresponding liability.
Designated certification bodies of violations of the provisions of the preceding paragraph, and revoke the designation.
63rd certification personnel engaged in certification activities, not certification bodies practising or simultaneously practising in two or more certification bodies shall be ordered to correct, stop practising penalties for more than 6 months to 2 years, no rectification, revoke the licensing.
64th certification bodies relating to the certification and inspection bodies, laboratories of Western medicines included in the list of products without a specified certification and inspection, testing and certification-related activities, shall be ordered to correct, less than 100,000 yuan and 500,000 yuan in fines, has illegally obtained, confiscation of illicit proceeds.
Certification body without the specified arbitrarily engaged in product certification activities listed in the catalog, revocation of approval documents, and made public.
65th designated certification bodies, inspection bodies, laboratories exceeds the specified lines of business included in the list of product certification and inspection, testing and certification-related activities, shall be ordered to correct, less than 100,000 yuan and 500,000 yuan in fines, has illegally obtained, confiscate the illegal income in serious cases, withdrawal of the designation or even revoke the approval document, and published.
Specifies the transfer of certification bodies designated certification services in accordance with the provisions of the preceding paragraph.
66th foreign recognition of the certification bodies, inspection bodies and laboratories to obtain accreditation, certification and accreditation administration departments of the State Council for the record has not been given a warning and released.
67th article included in the catalogue of products without certification, manufactured without authorization, sale, import or use in other business activities, correction, fines of between 50,000 yuan and 200,000 yuan, has illegally obtained, confiscation of illicit proceeds.
68th article recognized institutions has following case one of of, ordered corrected; plot serious of, on main head and has responsibility of personnel dismissed or dismissed: (a) on not meet recognized conditions of institutions and personnel be recognized of; (ii) found made recognized of institutions and personnel not meet recognized conditions, not timely revoked recognized certificate, and to announced of; (three) accept may on recognized activities of objective just produced effect of funding of.
Be removed from Office or dismissed the authorized organs and the personnel responsible, dismissal or dismissal shall not be engaged in within 5 years from the date of accreditation activities.
69th article recognized institutions has following case one of of, ordered corrected; on main head and has responsibility of personnel give warning: (a) accepted recognized application, to applicants proposed and recognized activities has nothing to do of requirements or limit conditions of; (ii) not in announced of time within completed recognized activities, or not public recognized conditions, and recognized program, and charges standard, information of; (three) found made recognized of institutions improper using recognized certificate and recognized logo, not timely suspended its using or revoked recognized certificate and to announced of;
(D) the accreditation process is not complete documentation archive retention. 70th article State certification recognized supervision management sector and place certification supervision management sector and staff, abuse, and engages in, and negligence, has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal: (a) not according to this Ordinance provides of conditions and program, implementation approved and specified of; (ii) found certification institutions no longer meet this Ordinance provides of approved or specified conditions,
Not revoked approved file or specified of; (three) found specified of check institutions, and laboratory no longer meet this Ordinance provides of specified conditions, not revoked specified of; (four) found certification institutions and and certification about of check institutions, and laboratory issued false of certification and and certification about of check, and detection conclusion or issued of certification and and certification about of check, and detection conclusion serious false, not investigation of; (five) found this Ordinance provides of other certification recognized violations, not investigation of.
71st forgery, fraudulent use, the sale of the certification marks or certificates, in accordance with the People's Republic of China product quality law and other laws of the investigation. 72nd administrative penalties stipulated in these regulations shall be formulated by the certification and accreditation administration or its authorized local certification supervision and management departments in accordance with the respective implementation.
Otherwise provided for by laws and administrative regulations, in accordance with the provisions of laws and administrative regulations.
73rd certification personnel were withdrawn within 5 years from the date of licensing authorized institutions not to proceed with its application for registration.
74th certification authority is not valid for its product certification, tracked or find the certified products cannot continue to meet certification requirements, not suspended or revoked certificates and to stop using the certification mark to the consumer losses, joint and several liability with the producers and sellers.
Seventh chapter supplementary articles article 75th for pharmaceutical production, enterprise quality management certification, laboratory animal quality certification, product certification, as well as military products recognized calibration and test laboratories and their personnel, these regulations do not apply.
In accordance with the regulations approved certification bodies engaged in mining, dangerous chemicals and Fireworks production and business operation entity management system certification from the State production safety supervision and management departments in accordance with the special requirements of safety organizations engaged in mining, dangerous chemicals, Fireworks production and business operation entities safety comprehensive assessment of certification bodies, recommended by the State production safety supervision and administration departments, before they can obtain accreditation body recognized.
76th certification and accreditation fees, shall comply with the relevant price provisions of laws and administrative regulations of the State.
77th certification training, certification, consultancy management approach developed by the certification and accreditation administration departments of the State Council. 78th these regulations come into force on November 1, 2003. On May 7, 1991, issued by the State Council of the People's Republic of China product quality certification regulations repealed simultaneously. (End)

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